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2007 Supreme(MP) 634

SHUBHADA R.WAGHMARE, DIPAK MISRA
KETI CONSTRUCTIONLIMITED – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
Jai Laxmi Aiyar, K.K.GAUTAM, M.L.JAISWAL,

Judgment

( 1. ) THE present appeal is directed against the order dated 20-5-2006 passed by the learned Single Judge in W. P. No. 6385 of 2006.

( 2. ) THE facts which are essential to be stated are that the appellant-petitioner (hereinafter referred to as the appellant), a Private Limited company registered under the Indian Companies Act, 1956, is a registered contractor under the Public Works Department (PWD ). A contract was awarded to him for the value of Rs. 5,78,54,000/ -. The appellant executed the work and during the construction work purchased minor mineral from local suppliers/traders from the open market. It completed the work in question, i. e. , upgradation and improvement of Khandwa-Deotali Road Km 1 to 55 within the time and submitted the bill as per measurement from time to time. When the question of payment arose, the respondent No. 2, the Engineer-in-Chief, Public works Department issued a letter dated 25-7-2005, Annexure P-5, requiring it to obtain Royalty Clearance Certificate from the Collector against the purchase of minor minerals like sand, murrum and metal which were used in the construction of road and on failure to obtain the certificate explain why the royal























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